The Daily Telegraph

Social media firms to be bound by statutory duty of care backed by tough sanctions

- By Steven Swinford DEPUTY POLITICAL EDITOR and Charles Hymas HOME AFFAIRS EDITOR

SOCIAL media firms will be placed under a new statutory duty of care, and fined, prosecuted or even barred from operating in the UK if they fail to protect users from online harms, The Daily

Telegraph can reveal. The Government will create an independen­t regulator to enforce the measure, with far-reaching powers to require firms to take down illegal or harmful material.

Tech giants will have to take reasonable and proportion­ate action to protect children from content ranging from illegal material such as sex abuse to potentiall­y legal but harmful cyberbully­ing, self-harm, violence and pornograph­y.

Companies that commit the worst breaches, such as allowing terrorists or paedophile­s to use their services, will be hit with unpreceden­ted enforcemen­t action, from multi-million pound fines to potential criminal prosecutio­ns of named directors. Overseas tech giants such as Facebook could even be blocked from access to UK users.

The Telegraph has been briefed on the contents of the White Paper, which has been agreed by Sajid Javid, the Home Secretary, and Jeremy Wright, the Culture Secretary. Due to be circulated among Cabinet ministers, it may hit opposition over some of the more aggressive enforcemen­t actions.

According to sources familiar with the plans, its “core” powers will include the ability to levy “substantia­l” fines. These could be tied to a firm’s turnover – meaning fines would run into millions of pounds – with bigger penalties if firms host substantia­l amounts of illegal material or fail to respond quickly.

The regulator will “name and shame” firms that breach standards and force them to implement an “action plan” within a specified time-limit.

Ministers believe fines may not be enough and are proposing to consult on more severe sanctions including asking internet service providers to block websites or apps in the UK. A “senior management liability” could see executives held personally responsibl­e for breaches, facing fines or even criminal prosecutio­n. Firms based abroad could be forced to have a Ukbased director.

Under a third option, the Government could “disrupt” the activities of tech companies which allow terrorists to use their services, with search engines barred from carrying links to companies that are breaking the law.

Mr Javid is understood to have driven the measures relating to child protection and terrorism.

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